Legal Question in Wills and Trusts in Illinois
Is there an emergency petition that I can file to get my minor child released back to me? My husband passed away August 2011. My eldest daughter who is a licensed attorney went to probate court and asked for two things: That I be appointed a guardian because I am incompetent and cannot take care of our my minor daughter. 2 she asked to be appointed guardian of the minor and asked for this via an emergency petition . My guardianship case was dismissed in November. Case closed. Now I want the guardianship of my minor daughter that my eldest daughter asked for under questionable and falsehood actions, to be dropped and I want my child with me. I am not going to wait around until a probate judge decides he might hold a hearing 6 months from now. I believe that i am entitled to my minor child now. Am I? And what is the fastest way to get the guardianship of her by the eldest dropped? I am an functioning adult; teach at the Uni Of Chicago, have my own home.. I believe that the eldest gets preferential treatment, since she a lawyer and her late father was an attorney for many years. So there must be a form/petition i complete as an emergency petition to get my daughter back. That can be submitted as an emergency and the judge will act on it. My eldest is under investigation with ARDC Illinois reg 4 cases all of which relate to the guardianship or estate of the minor--Case 1 forged will naming her guardian; Case 2 life insurance fraud worth over $600,000; case 3 my guardianship lawsuit; doesn't this carry some weight in the eyes of the probate judge; in getting the judge to honor a petition an emergency petition to vacate the guardianship? The guardianship was requested and awarded under false premises ; (4th case) If you can't specifcally help me on this issue, will you me direct me to the right person? I am in Cook County and the case has to e heard in Cook County
2 Answers from Attorneys
If you teach at the U of C, you can afford to hire the services of a competent attorney and I suggest you do so immediately. If you need additional information go to the Mandel Legal Clinic and see if they can help you.
I understand your frustration. Although it may be difficult to justify an emergency Petition on this matter (which generally only occurs if a child is in immediate jeopardy), it's possible to arrange a hearing your Petition in weeks instead of months, depending on the circumstances.
I need to know more facts before I can offer further input. Feel free to call me for a free consultation.
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